Twin Creeks Villas Homeowners Association Board Vote


On May 4, 2105 a special meeting was held by the Board of Directors of the Twin Creeks Villas Homeowners Association, to discuss and establish a course of action regarding the unpaid dues of the former Manley and now Fugate property for the years 2014 and 2015. In attendance at that meeting were President David Miller, Vice President Jim Colgan, Secretary  Jan Rusher, Board Members,  Michael  Bennett, Kevin Johnson, Larry Johnson, and Gil Nickles.  Absent were Bill Rush and Holly Minter.

Following a discussion on several possible courses of action, a motion was made and unanimously approved by those in attendance to send Mr. Fugate a certified letter with an attached for unpaid 2014 and 2015 dues.  The letter would state according to the Restrictive Covenants dues are a lien on the property.   An invoice would be sent to him each month until the dues were paid or the property was sold, at which time, we hoped to be paid at the closing.

After the meeting was held, Jim Colgan did additional research by talking to two attorneys who have extensive real estate title experience.  Both attorneys indicated they felt under these circumstances a lien would not be enforced by the courts.  With this new information from the real estate attorneys,  David Miller on May 7th 2015 called for a special vote to reverse the course of action taken May 4th, 2015 and proposed approval of pursuing 2015 unpaid dues and write off 2014 unpaid dues as non- collectable.  The vote was taken via email.  A total of eight board members voted with one abstaining.  All eight votes were in favor on the new course of action.  This vote effectively rescinds the May 6th Board decision to pursue collection of 2014 and 2015 dues.   

Jim Colgan who has been in contact with Mr. Fugate will inform him of the decision.


Submitted by:  David Miller

Date:  May 11, 2015